Dhruv Shankar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83849 of 2019 Arising Out of PS. Case No.-261 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== DHRUV SHANKAR DUBEY, Son of Shambhu Nath Dubey, Resident of Village - Nautan, P.S.- G.B. Nagar, Tarwara, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 413 and 414/34 of the Indian Penal Code.

It is alleged against the petitioner that one Apache motorcycle without having its registration number plate was recovered from the front veranda of the house of the petitioner and it is alleged that the same was being used by the petitioner for the illegal purposes.

It is submitted by learned counsel for the petitioner that the said recovery of the motorcycle has been made from an open area i.e. the front portion of the house and there are seven co-sharers of the said house. A certificate to that effect has been issued by the concerned Panchayat representative, which has been brought on

Patna High Court CR. MISC. No.83849 of 2019(2) dt.20-02-2020 2/2 record as Annexure-2 to the application. The petitioner is working as non-teaching staff at Mazhrul Haque Nagar Degree College and a statement has been made in paragraph No.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the said recovery has been made from the front area of the house of the petitioner.

Considering the recovery of the motorcycle from the front open area of the joint family house of the petitioner coupled with statement made in paragraph No.3 of the petition that the petitioner is not having any criminal antecedent let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan, in connection with G.B. Nagar P.S. Case No.261 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T